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Central School District 13J v. Marion District Boundary Board

Citations: 91 Or. App. 314; 754 P.2d 923; 1988 Ore. App. LEXIS 700Docket: 87C-10263; CA A45356, A45731

Court: Court of Appeals of Oregon; May 18, 1988; Oregon; State Appellate Court

Narrative Opinion Summary

Appellant's petition for a writ of review was dismissed for lack of jurisdiction regarding the transfer of property from Central School District to Salem-Keizer School District. The appropriate forum for reviewing a boundary board order is either this court or the State Board of Education, contingent on the procedural method of the petition. Citing precedent from Central School (Beaman I) v. Marion District and Central School Dist. v. State Board of Education, the circuit court's dismissal was deemed proper. The judgment is affirmed.

Legal Issues Addressed

Affirmation of Lower Court's Judgment

Application: The appellate court affirmed the circuit court's decision to dismiss the petition, upholding the correctness of the lower court's jurisdictional ruling.

Reasoning: The judgment is affirmed.

Jurisdiction for Writ of Review

Application: The court held that it lacked jurisdiction to review the boundary board order, emphasizing the necessity of filing the petition in the correct forum.

Reasoning: Appellant's petition for a writ of review was dismissed for lack of jurisdiction regarding the transfer of property from Central School District to Salem-Keizer School District.

Precedent in Boundary Board Order Cases

Application: The court's decision was guided by precedents, reinforcing the correctness of the circuit court's dismissal.

Reasoning: Citing precedent from Central School (Beaman I) v. Marion District and Central School Dist. v. State Board of Education, the circuit court's dismissal was deemed proper.

Proper Forum for Boundary Board Order Review

Application: The case establishes that either the court or the State Board of Education is the appropriate forum for reviewing a boundary board order, depending on the procedural method of the petition.

Reasoning: The appropriate forum for reviewing a boundary board order is either this court or the State Board of Education, contingent on the procedural method of the petition.